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AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":

there is a disturbing section in there:

Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.

Any validity to this claim ? If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ? Is this valid/legal ?

Maybe for new L/C filings .. can anyone look at this interpretation??

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mbawa2574

07-05 07:02 PM

I personally have nothing against anyone in core team and feel that these guys been doing their best effort to help the community. But their strategy is flawed. We are not aligned with right people and we don't speak up. We don't followup and hit hard on people who are working against our agenda. When illegal immigrant community can get media limelight , why we cannot ? We were all banking on democrats to help us and here is the result. We as IV ans need to wake up and start working closely with pro-business community. We need to approach media to bash anyone who uses race, national orign as a medium to undermine our long term agenda.

We all have the track record for IV till this date and we have not accomplished anything from July 07.We don't have media coverage and no one in political circle knows IV as a viable organization . If media coverage calls for doing something out of box to attract media attention , let's do it. We sent flowers, we attracted media attention. I have some agressive ideas and I can share in a private forum ( Just to keep numbersusa away :-))

For all these changes to happen, a new leadership team needs to be elected.

For everyone's information, I was one of the IV MA chapter leadership team members from 07-08. Was there for July 07 and for the rally. Lately there is no energy left in that chapter. Conference calls are full of people who have nothing but idealism. Other than one or two IV MA members , rest all of them is waste of time. So I find it useless to stick with status quo. A new core leadership team promising aggressive agenda will bring in life to IV.

BTW I liked Dilbert :-)

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vine93

05-10 02:49 PM

First I called my few freinds in MT, WY and RI. Passed on info them since they are local. Then I called all of them . Now a days they do not even transfer to the right person who deals with Immigration issues. They just ask for the message and pass on to them .

Hello Pappu, I have written this article on the plight of Work visa holders.Feel free to make editions.

Here it is..

Rewards of Being a Legal Immigrant!

The spirit of this nation had always been to award hard working and law abiding people irrespective of their color, race, culture or origin. But off late there has been a rise in the anti-immigration sentiment. One reason for this is an alarming rise in the illegal immigrants in United States estimated to be around 12 million. This has led many to believe that immigrants in general are not good for the already settled (Permanent residents and Citizens) Americans and they depress economy and put burden on the economy. This is a false notion harbored by many and needs analysis. First of all there is a vast difference between a legal and an illegal immigrant. A legal immigrant or people living temporary are here to help this nation make progress and are here to contribute to the economy of this nation. They have come here on the specific request by the companies; universities and other organizations. They are unnecessarily being victimized for their status as part of the larger immigrant community. They are the most misunderstood community today among the immigrants in general.

The temporary visitors largely are H-1 B, L-1 and Business visa holders .Many of these people are here for many years and waiting for their Green Card after having applied for it. While they continue to work for the same employer waiting for their permanent residency, they feel stagnated in their career path, salaries and even on personal development front because the law does not permit them to change employer while their green card is under process. If they do change then the whole process will have to start afresh. As one frustrated and depressed work visa holder, Rajneesh puts it ?The plight of an immigrant can only be understood by those who are in the same shoes?. A legal immigrant who is in USA is only here on invitation by the US based companies or organizations willing to legally sponsor them for reasons that they do not have enough skilled professionals to do the job. The fate of being a person waiting in queue for a Green Card was never dreamt by me unless I was a victim of such a wait myself. The whole life revolves around waiting for just one card called green card. All the life?s plans are shelved off for some future dates. Many of them wait for settlement as they fear that buying a home or property or starting their own company may be at risk if their green Card is not approved or if they are out of status and in that case they may have to leave the country. There is a constant fear lurking in their psyche that what if they are laid off when they are waiting for their visa dates to become current so that they can apply for adjustment of status. Their dependent wives cannot work legally as law does not permit them to work while on dependent visa. These in many cases have resulted in domestic violence and depressed spouses resulting in disturbed and broken families.The spouses of these legal temporary residents stay at home and feel frustrated as they are also highly educated and can tremendously contribute to the development of the nation if given an opportunity. They feel choked as they have to plan well ahead in time for visits to home country and have to keep themselves abreast with latest immigration laws and by laws. A lack of this planning and understanding has resulted in many being denied entry while trying to re-enter. There are so many issues that they have to deal with being a temporary resident here just because they chose to come to America in search of realizing the American Dream. Most of them feel as if they made a wrong decision having come to America. This has sent a negative feedback in their native countries that America is no longer a welcoming nation for temporary work visa holders and one may have to wait up to more than ten years to get permanent residency. This feedback has turned many potential high tech and software professionals elsewhere. The current wait time in Canada and Australia is less than a year. European nations are also becoming a very welcoming society for these people. So the competition to secure them is getting hot.

While the wait becomes long the anxiety and depression starts to sets in most of the cases. Many have therefore already left this country and this is a drain on the economy as they are now a part of other nation?s economic development. Many of this class of people were educated in United States and were contributing but the immigration laws have forced them to go elsewhere. This class of people have advanced degrees from either US or other countries and have an average work experience of more than 3 years.They form the top class professionals among the populatoin and their loss is a loss to this nation.America is land of opportunity and for those willing to work hard for a better future should be rewarded and taken care of, but it seems there is no one listening right now to their voice. The spirit of America seems to be getting lost somewhere.

There are organization and groups like NumbersUSA who oppose any increase in their visa numbers which can drastically help these victims of bureaucracy, but due to their short sightedness they fail to see that the same people whom they are opposed to will help increase the economic well being of this nation once they become permanent residents. This is so because once they get permanent residency, they all will move up in the ladder demanding higher salaries and thus supporting the proponents of anti-immigrants view point. Right now they are all stuck in the same state for years. This may in some case lead to their exploitation which may in fact depress wages. Their short-sightedness, misinformation and vague propaganda have created an atmosphere where the na?ve public fails to understand the difference between the real benefactors and illegal immigrants. This has led public develop an overall anti-immigrant sentient. Presently there is a bill pending in Senate called the SKIL bill (S.2691) introduced by senator John Cornyn (TX) Co-sponsored by George Allen (R, VA), Wayne Allard (CO), Bennett Robert (UT) and others. There is another related bill introduced by John Shadegg (AZ).This bill seeks to increase the annual visa caps for Immigrants visa under Employment category, exempt students who earned masters in USA, Allows to apply for Adjustment of Status even though there may not be immediate available Visa numbers. The bill is intended to secure the American competitiveness in 21st century while countries like India, China, Australia and European countries compete for skilled man power in Software and high tech sector to secure their competitiveness. This bill will help reduce the wait times for Temporary work Visa holders helping them assimilate faster in US society and thus securing the nations? interest. There are reforms for this class of immigrants in the much debated comprehensive immigration Reform Bill passed by Senate but congress did not pass it. These provisions got lost in the shadow of illegal immigration debate and therefore separate bills were introduced by way of SKIL Act of 2006 to take care of the plight of Temporary visa holders. By clubbing the provisions for both legal and illegal population in one bill did much harm to this community as they were totally neglected by the congressmen. These people pay taxes, social security (unfortunately cannot be claimed once they leave this country), contribute to the social causes by volunteering, donating during emergencies and they very much feel themselves a part of this nation. But the administration failed to reform current Visa availability issue which is doing much harm to the nation. The public is expected to understand the plight of these people and pressurize congress to pass this bill and not misunderstand the other immigration bills pending in senate which are controversial. These people deserve credit and appreciation for helping this nation and definitely needs a much awaited attention from the public and Government.

Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.

I am not how comfortable my friends would be, but, you can certainly contact me for any help/details you may want. sumanthyenduri@gmail.com is my email address.

I think you bring up very valid points. For a lot of ppl who have stayed away from family/extended family for so long, they may not like the constant interference.

"I miss my parents" is not quantifiable but what about the paying back the debt by supporting your aging parents? Let me make the question a little broader, isn't every immigrant divided between doing what's best for the children and supporting the parents?

I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.

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vpadman

01-04 12:06 PM

One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.

Julsun, When your friend went for INFOPASS, did he get a single copy of the AP, or two copies of the AP ?

I want to know if there is a difference between getting APs through mail or INFOPASS.

Distributing receipts are less priority compare to using visa numbers before end of fiscal year. You can always distribute receipts even after a month but can't use visa numbers once wasted. such a simple thing, why don't you understand.

OMG did i said that? :eek: yabadaba, glus, needGCcool, greatzolin and party will kill me. no, they wont they already got their receipts:D :D

just kidding, take it easy.

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gcseeker2002

09-13 05:47 PM

What can we do about it ? I knew 3-4 guys who ported from EB3 to EB2 and even got their 485 approved because of this, during August.

ind_game, just a heads up : when the 485 is reopened they take the op'ty to review the app for all supporting docs. meaning if you have not submitted any supporting docs like birth cert etc they would issue an RFE. They did to me, back in Jul-07 i had submitted only parents affidavit but no BC or NABC. And they gave me only 30 days (i think it used be 90 days for RFE), I had hard time collecting the required info/doc in such a short time.

I agree with you. One of my friends got RFE regarding Birth Ceritificates and medical certificates. I would not be surprised if they ask me the same. So, how did you submit the Birth certificate then? Can you please share the experience?

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ItIsNotFunny

10-21 04:41 PM

It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.

I understand what you say but interpretation differs from IO to IO. It still goes to chances....

I don't think anybody can predict EB-3 India as it is a lost cause (sorry for being pessimistic). The only way EB-3 India will see any meaningful progress is through legislation.

I don't understand why EB3-I is a lost cause. Isn't the percentage distribution for the various categories taken into account? I don;t think I understand how the percentage distrubution works probably. Can anyone please explain?

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hindu_king

03-04 12:49 PM

Just out of curiousity, did you or your mortgage broker fill out Form 1003 - Uniform Residential Loan Application (or a similar form)?

If so, what did you answer (since you must have signed the document) on page 4 of Section VIII. Declarations, questions (j) and (k) - are you a citizen or permanent resident?

I dont recall signing this but I've to go back and check.

akgind

07-13 10:31 PM

I am in a similar situation, not a lawyer, but worried about my children's future and trying to do what we can to help everyone with the same issue. Can you provide details of the changes in cspa that you have proposed? CSPA and Dream Act are two channels that may benefit our children. If I can understand what your efforts are in respect of CSPA, we can figure out what we can do.

Any assistance you can give to help legal age out children would be fantastic I sent an e-mail to Weldon's office for an update today as we are waiting to hear if he will use our legislation and get a co sponsor to amend the cspa

Marphad

07-06 02:41 PM

Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.

Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!

I am surprised to see that IV has 450K asset! Where did that number come from?

I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.